No. Where allegations of gross misconduct arise these should be properly investigated and the individual taken through a fair disciplinary process. If this does not happen then there is a real risk that what would have been a fair dismissal is turned into an unfair dismissal by the lack of process followed. This may mean a school being on the wrong end of an unfair dismissal claim in the Employment Tribunal, even though the individual had committed gross misconduct.
For all disciplinary matters (not just instances of gross misconduct) it is essential that a fair and proper process is followed. The disciplinary process broadly involves:
D22: Guide to conducting investigation meetings
D4: Invitation to investigation meeting
D5: Invitation to investigation meeting (witnesses)
D6: Invitation to disciplinary hearing: potential written warning
D7: Invitation to disciplinary hearing: potential final written warning
D8: Invitation to disciplinary hearing: potential dismissal following previous warnings
D9: Invitation to disciplinary meeting: potential dismissal for gross misconduct
D23: Guide to conducting disciplinary meetings
D12: Informal Management Letter of Advice
D13: Written warning
D14: Final written warning
D15: Dismissal with previous disciplinary warnings
D16: Letter to confirm dismissal – short serving employee
D17: Gross misconduct dismissal
D18: Letter to confirm no further action
D10: Invitation to appeal meeting
D24: Guide to conducting appeal meeting
D19: Appeal outcome letter
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